Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-02-24
SUFFERING INDIANA.
HER SUPREME COURT REEVES THE
FIGHT IN THE LEGISLATURE.
Chairman Smith Beaten in His Case
Against Northumberland of the Con-
test Certain-The New Party Born and
Called "Union Labor"-Text of the Plat
form-Hewitt's Rejected Letter.

form-Hewitt's Rejected Letter.
INDIANAPOLIS, Feb. 24-The supreme
court Wednesday handed down five separate
opinions in the Smith-Robertson case, in
volying the legality Of the election last fall
of Col r. S. Robertson as lieutenant gov
ernor President Smith, of the senate,
claimed the Office and denied Robertson the
right to exercise the functions, and the cir
cult court issued restraining order, aud on
his the case went to the supreme court The
latter Wednesday reversed the decision, be-
ing unanimous in the view that the court
had no jurisdiction of Robertson's person,
and could not, therefore, issue an injunction.
As to the subject matter, three judges held
that the court had no jurisdiction and that
a contest involving the right to exercise the
functions Of state Office can be determined
only by the legislature i'll the manner pro
Sided for in the constitution. Two OF the
judges held that there was no vacancy in the
office such as could be filled by an election
The effect of this opinion has been to reopen
the case before the legislature, and there is
every probability that the senate will still
retain Smith in the chair, and that the
Republican members will absent thems lives,
and thus break the constitutional majority
The house Wednesday afternoon passed a
resolution declaring that it would not re-
cognize the senate or any of its acts unless
Robertson was admitted to his seat as pres
iding officer.
An exciting scene took place in the senate
Wednesday afternoon and reminded the OBJ
server of the earlier days of the session.
Senator Denote assembled to the presidents
desk and informed Smith of the courts deci-
sion and the fact that Robertson would make
formal demand for the position Of president
OF the body. At the same time he handed
Smith the certificate of election issued to
Robatsou.
Take that paper back to the man that
wrote it and tell him to go to -, said
Smith angrily.
But you can't afford to do that" expostu-
lated Denote.
Yes, l can l can afford to do anything,
said Smith
There are eighteen senators in this hall
who will not stand such Treatment was the
reply.
by 81 I'll make them stand it, said
Smith, and Denote left the desk By this
time it had become noised abroad that Rob-
| ertson would demand his seat, and hundreds
of persons began to crowd into the galleries
and hall of the senate, but many We're turned
away Senator Huston entered with a paper
in his hand, and as he took his seat Senator
Fowler moved to adjourn. Huston de-
manded the floor on a question of privilege,
bnt while he was still talking the motion
was put and declared carried. At that
| Huston became enraged and declared the
Democrats were afraid to meet the question
| before them, and had adjourned through
| cowardice.
Rent hall and make speech ''suaeringly
| said Smith
You are too cowarily to meet the eight
| cen Republicans" retorted Huston
You'll be all right when you get SOBER"
| said Smith.
1T was a cowardiy act" continued
! the excited senator, and the hall soon became
scene of confusion Several alterations
| took place between members, but the angry
| disputants soon dispersed.
The Democrats OF the senate held caucus
| Wednesday night, Governor Gray, Judge
! Turpie and ex-senator Mcdonald being pres.
| ent. 1t was decided to ignore the claims Of
| Robertson to the lieutenant governorship,
and TO refuse him the seat as president of the
senate when he makes formal demand for it.
1t was generally held that the decision of
| the court has decided nothing regarding the
| merits of the case, and that the parties to
| the controversy were in the same relation
that they stood before the litigation was
begun. A scene is confidently expected, and
| the most intense excitement prevails